|(a) Communication between a licensee and client, as
well as the client's records, however created or stored, are confidential
under the provisions of the Texas Health and Safety Code, Chapter
181, Texas Health and Safety Code, Chapter 611, and other state or
federal statutes or rules, including rules of evidence, where such
statutes or rules apply to a licensee's practice.
(b) A licensee shall not disclose any communication,
record, or client identity except as provided in the Texas Health
and Safety Code, the Health Insurance Portability and Accountability
Act (HIPAA), and/or other applicable state or federal statutes or
(c) A licensee shall comply with Texas Health and Safety
Code, Chapter 611, concerning access to mental health records.
(d) To release information for or about clients, a
licensee shall have written permission signed by the client or the
client guardian. That permission, which must be dated, shall include
the client's name and identifying information; the purpose for releasing
the information; the individual or entity to which the information
is released; the length of time the release is authorized; the signature
of the client or guardian representative; and date of signature.
(e) The social worker shall maintain the written release
of information in the permanent client record and shall review and
update it at least every twelve months.
(f) A licensee shall report information if required
by any of the following statutes:
(1) Texas Family Code, Chapter 261, concerning abuse
or neglect of minors;
(2) Texas Human Resources Code, Chapter 48, concerning
abuse, neglect, or exploitation of elderly or disabled persons;
(3) Texas Health and Safety Code, §161.131 et
seq., concerning abuse, neglect, and illegal, unprofessional, or unethical
conduct in an in-patient mental health facility, a chemical dependency
treatment facility or a hospital providing comprehensive medical rehabilitation
(4) Texas Civil Practice and Remedies Code, §81.006,
concerning sexual exploitation by a mental health services provider.
(g) A licensee may take reasonable action to inform
only medical or law enforcement personnel if the professional determines
that a client or others are at imminent risk of physical injury, or
a client is in immediate risk of mental or emotional injury, in accordance
with the Texas Health and Safety Code, Chapter 611, concerning mental